Regulation (EU) 2019/1241 of the European Parliament and of the CouncilDangos y teitl llawn

ANNEX V NORTH SEA (1)

PART A Minimum conservation reference sizes

a In Union waters in ICES division 4a. In ICES Divisions 4b and 4c, a minimum conservation reference size of 130 mm shall apply.
b In an area in ICES divisions 4b and 4c limited by a point at 53°28′22″ N, 0°09′24″ E, on the coast of England, a straight line joining this point with 53°28′22″ N, 0°22′24″ E, the 6-mile boundary of the United Kingdom, and a straight line connecting a point at 51°54′06″ N, 1°30′30″ E, with a point on the coast of England at 51°55′48″ N, 1°17′00″ E, a minimum conservation reference size of 115 mm shall apply.
c For edible crabs caught in pots or creels, a maximum of 1 % by weight of the total catch of edible crab may consist of detached claws. For edible crabs caught with any other fishing gear, a maximum of 75 kg of detached crab claws may be landed.
d By way of derogation from Article 15 of Regulation (EU) No 1380/2013, the minimum conservation reference sizes of sardine, anchovy, herring, horse mackerel and mackerel shall not apply within a limit of 10 % by live weight of the total catches retained on board of each of those species. The percentage of sardine, anchovy, herring, horse mackerel or mackerel below minimum conservation reference size shall be calculated as the proportion by live weight of all marine organisms on board after sorting or on landing. The percentage may be calculated on the basis of one or more representative samples. The limit of 10 % shall not be exceeded during transhipment, landing, transportation, storage, display or sale.
Species	North Sea
Cod (Gadus morhua)	35 cm
Haddock (Melanogrammus aeglefinus)	30 cm
Saithe (Pollachius virens)	35 cm
Pollack (Pollachius pollachius)	30 cm
Hake (Merluccius merluccius)	27 cm
Megrim (Lepidorhombus spp.)	20 cm
Sole (Solea spp.)	24 cm
Plaice (Pleuronectes platessa)	27 cm
Whiting (Merlangius merlangus)	27 cm
Ling (Molva molva)	63 cm
Blue ling (Molva dipterygia)	70 cm
Norway lobster (Nephrops norvegicus)	Total length 85 mm, Carapace length 25 mm Norway lobster tails 46 mm
Mackerel (Scomber spp.)	30 cmd
Herring (Clupea harengus)	20 cmd
Horse mackerel (Trachurus spp.)	15 cmd
Anchovy (Engraulis encrasicolus)	12 cm or 90 individuals per kgd
Bass (Dicentrarchus labrax)	42 cm
Sardine (Sardina pilchardus)	11 cmd
Lobster (Homarus gammarus)	87 mm (carapace length)
Spinous spider crab (Maja squinado)	120 mm
Queen scallop (Chalamys spp.)	40 mm
Grooved carpetshell (Ruditapes decussatus)	40 mm
Carpetshell (Venerupis pullastra)	38 mm
Short-necked clam (Venerupis philippinarum)	35 mm
Clam (Venus verrucosa)	40 mm
Hard clam (Callista chione)	6 cm
Razor clam (Ensis spp.)	10 cm
Surf clams (Spisula solida)	25 mm
Donax clams (Donax spp.)	25 mm
Bean solen (Pharus legumen)	65 mm
Whelk (Buccinum undatum.)	45 mm
Octopus (Octopus vulgaris)	750 g
Crawfish (Palinurus spp.)	95 mm (carapace length)
Deepwater rose shrimp (Parapenaeus longirostirs)	22 mm (carapace length)
Edible crab (Cancer pagurus)	140 mma b c
Scallop (Pecten maximus)	100 mm
Cod (Gadus morhua)	30 cm
Haddock (Melanogrammus aeglefinus)	27 cm
Saithe (Pollachius virens)	30 cm
Pollack (Pollachius pollachius)	—
Hake (Merluccius merluccius)	30 cm
Megrim (Lepidorhombus spp.)	25 cm
Sole (Solea spp.)	24 cm
Plaice (Pleuronectes platessa)	27 cm
Whiting (Merlangius merlangus)	23 cm
Ling (Molva molva)	—
Blue ling (Molva dypterygia)	—
Norway lobster (Nephrops norvegicus)	Total length 105 mm Norway lobster tails 59 mm Carapace length 32 mm
Mackerel (Scomber spp.)	20 cmd
Herring (Clupea harengus)	18 cmd
Horse mackerel (Trachurus spp.)	15 cmd
Lobster (Homarus gammarus)	Total length 220 mm Carapace length 78 mm

PART B Mesh sizes

1. Baseline mesh sizes for towed gear

1.1. Without prejudice to the landing obligation, vessels shall use a mesh size of at least 120 mm or at least 90 mm in Skagerrak and Kattegat(2).

1.2. Without prejudice to the landing obligation, and notwithstanding point 1.1, vessels may use smaller mesh sizes as listed in the following table for the North Sea, Skagerrak and Kattegat provided that:

(i)

the associated conditions set out in that table are complied with, and by-catches of cod, haddock and saithe do not exceed 20 % of the total catch in live weight of all marine biological resources landed after each fishing trip; or

(ii)

other selectivity modifications are used which have been assessed by STECF upon request of one or more Member States and approved by the Commission. Those selectivity modifications shall result in the same or better selectivity characteristics for cod, haddock and saithe as that of 120 mm.

a Vessels shall be prohibited from using any beam trawl with a mesh size between 32 and 99 mm north of a line joined by the following points by a point on the East Coast of the United Kingdom at latitude 55° N, then east to latitude 55°, longitude 5° E, then north to latitude 56° N and east to a point on the west coast of Denmark at latitude 56° N. It is prohibited to use any beam trawl of mesh size range 32 to 119 mm within ICES Division 2a and that part of ICES Sub-area 4 to the north of 56° 00′ N.
Mesh Size	Geographical Areas	Conditions
At least 100 mma	North Sea south of 57° 30′ N	Directed fishing for plaice and sole with otter trawls, beam trawls, and seines. A square mesh panel of at least 90 mm shall be fitted.
At least 80 mma	ICES Divisions 4b and 4c	Directed fishing for sole with beam trawls. A panel with a mesh size of at least 180 mm fitted in the upper half of the anterior part of the net shall be fitted. Directed fishing for whiting, mackerel and species not subject to catch limits with bottom trawls. A square mesh panel of at least 80 mm shall be fitted.
At least 80 mm	North Sea	Directed fishing for Norway lobster (Nephrops norvegicus). A square mesh panel of at least 120 mm or sorting grid with a maximum bar spacing of 35 mm or equivalent selectivity device shall be fitted. Directed fishing for species not subject to catch limits and which are not covered elsewhere in the table. A square mesh panel of at least 80 mm shall be fitted. Directed fishing for skates and rays.
At least 80 mm	ICES division 4c	Directed fishing for sole using otter trawls. A square mesh panel of at least 80 mm shall be fitted.
At least 70 mm (square mesh) or 90 mm (diamond mesh)	Skagerrak and Kattegat	Directed fishing for Norway lobster (Nephrops norvegicus). A sorting grid with a maximum bar spacing of 35mm or equivalent selectivity device shall be fitted.
At least 40 mm	Whole area	Directed fishing for squid (Lolignidae, Ommastrephidae).
At least 35 mm	Skagerrak and Kattegat	Directed fishing for Northern prawn (Pandalus borealis). A sorting grid with a maximum bar spacing of 19mm or equivalent selectivity device shall be fitted.
At least 32 mm	Whole area except Skagerrak and Kattegat	Directed fishing for Northern prawn (Pandalus borealis). A sorting grid with a maximum bar spacing of 19 mm or equivalent selectivity device shall be fitted.
At least 16 mm	Whole area	Directed fishing for small pelagic species which are not covered elsewhere in the table. Directed fishing for Norway pout. A sorting grid with a maximum bar spacing of 35 mm in the Norway pout fishery shall be fitted. Directed fishing for common and Aesop shrimps. A separator trawl or sorting grid must be fitted in accordance with nationally or regionally established rules.
Less than 16 mm	Whole area	Directed fishing for sandeel.

2. Baseline mesh sizes for static nets and driftnets

2.1. Without prejudice to the landing obligation, vessels shall use a mesh size of at least 120 mm.

2.2. Without prejudice to the landing obligation, and notwithstanding point 2.1, vessels may use smaller mesh sizes as listed in the following table for the North Sea, Skagerrak and Kattegat provided that the associated conditions set out in that table are complied with and by-catches of cod, haddock and saithe do not exceed 20 % of the total catch in live weight of all marine biological resources landed after each fishing trip.

Mesh Size	Geographical Areas	Conditions
At least 100 mm	Whole area	Directed fishing for haddock, whiting, dab and bass
At least 90 mm	Whole area	Directed fishing for flatfish or species not subject to catch limits and which are not covered elsewhere in the table
At least 50 mm	Whole area	Directed fishing for small pelagic species which are not covered elsewhere in the table

PART C Closed or restricted areas

1. Closure of an area to protect sandeel in ICES divisions 4a and 4b

1.1. Fishing for sandeel with any towed gear with a codend mesh size less than 32 mm shall be prohibited within the geographical area bounded by the east coast of England and Scotland, and enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:

• the east coast of England at latitude 55°30′ N

• 55°30′ N, 01°00′ W

• 58°00′ N, 01°00′ W

• 58°00′ N, 02°00′ W

• the east coast of Scotland at longitude 02°00′ W.

1.2. Fisheries for scientific investigation shall be allowed in order to monitor the sandeel stock in the area and the effects of the closure.

2. Closure of an area to protect juvenile plaice in ICES subarea 4

2.1. Vessels exceeding 8 m in overall length shall be prohibited from using any demersal trawl, beam trawl, Danish seine or similar towed gear within the geographical areas enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84:

(a)

the area within 12 nautical miles of the coasts of France, north of latitude 51°00′ N, Belgium, and the Netherlands up to latitude 53°00′ N, measured from the baselines;

(b)

the area bounded by a line joining the following coordinates:

• a point on the west coast of Denmark at latitude 57°00′ N

• 57°00′ N, 7°15′ E

• 55°00′ N, 7°15′ E

• 55°00′ N, 7°00′ E

• 54°30′ N, 7°00′ E

• 54°30′ N, 7°30′ E

• 54°00′ N, 7°30′ E

• 54°00′ N, 6°00′ E

• 53°50′ N, 6°00′ E

• 53°50′ N, 5°00′ E

• 53°30′ N, 5°00′ E

• 53°30′ N, 4°15′ E

• 53°00′ N, 4°15′ E

• a point on the coast of the Netherlands at latitude 53°00′ N

• the area within 12 nautical miles of the west coast of Denmark from 57°00′ N as far north as the Hirtshals Lighthouse, measured from the baselines.

2.2. The following vessels are permitted to fish in the area referred to in point 2.1:

(a)

vessels whose engine power does not exceed 221 kW using bottom trawls or Danish seines;

(b)

paired vessels whose combined engine power does not exceed 221 kW at any time using bottom pair trawls;

(c)

vessels whose engine power exceeds 221 kW shall be permitted to use bottom trawls or Danish seine, and paired vessels whose combined engine power exceeds 221 kW shall be permitted to use bottom pair trawls provided that such vessels do not engage in directed fishing for plaice and sole and comply with the relevant mesh size rules contained in Part B of this Annex.

2.3. When vessels referred to in point 2.2(a) use beam trawls, the beam length, or the aggregate length of combined beam trawls measured as the sum of the length of each beam, shall not be greater than or shall not be able to be extended to a length of greater than 9 m except when operating with gear having a mesh size between 16 and 31 mm. Fishing vessels whose primary activity is fishing for common shrimp (Crangon crangon) shall be permitted to use beam trawls of which the aggregate beam length, measured as the sum of the length of each beam, is greater than 9 m when operating with gear having a mesh size between 80 and 99 mm provided an additional fishing authorisation has been issued to these vessels.

2.4. Vessels permitted to fish in the area referred to in point 2.1 shall be included in a list to be provided to the Commission by each Member State. The total engine power of the vessels referred to in point 2.2(a) within the list shall not exceed the total engine power in evidence for each Member State at 1 January 1998. The permitted fishing vessels shall hold a fishing authorisation in accordance with Article 7 of Regulation (EC) No 1224/2009.

3. Restrictions on the use of beam trawls within 12 nautical miles of the coast of the United Kingdom

3.1. Vessels shall be prohibited from using any beam trawl inside the areas within 12 nautical miles of the coast of the United Kingdom, measured from the baselines of the territorial waters.

3.2. By way of derogation from point 3.1, fishing with beam trawls within the specified area shall be permitted provided that:

• The engine power of the vessels does not exceed 221 Kw and their overall length does not exceed 24 m; and

• The beam length or aggregated beam length, measured as the sum of each beam, is no more than 9 m, or cannot be extended to a length greater than 9 m, except when directed fishing for common shrimp (Crangon crangon) with a minimum mesh size of less than 31 mm.

4. Restrictions on fishing for sprat to protect herring in ICES division 4b

Fishing with any towed gear with a codend mesh size of less than 32 mm or static nets less than 30 mm mesh size shall be prohibited within the geographical areas enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84, and during the following periods mentioned:

• from 1 January to 31 March, and from 1 October to 31 December, within ICES statistical area 39E8. For the purpose of this Regulation, that ICES area shall be the area bounded by a line due east from the east coast of the United Kingdom along latitude 55°00′ N to a point at longitude 1°00′ W, from there due north to a point at latitude 55°30′ N and from there due west to the United Kingdom coast;

• from 1 January to 31 March, and from 1 October to 31 December, within the inner waters of the Moray Firth west of longitude 3°30′ W, and in the inner waters of the Firth of Forth west of longitude 3°00′ W,

• from 1 July to 31 October, within the geographical area bounded by the following coordinates:

  • the west coast of Denmark at latitude 55°30′ N

  • latitude 55°30′ N, longitude 7°00′ E

  • latitude 57°00′ N, longitude 7°00′ E

  • the west coast of Denmark at latitude 57°00′ N.

5. Specific provisions for the Skagerrak and Kattegat in ICES division 3a

5.1. It shall be prohibited to fish with beam trawls in the Kattegat.

5.2. It shall be prohibited for Union vessels to fish for, retain on board, tranship, land, store, sell and display or offer for sale salmon and sea trout.

5.3. It shall be prohibited to deploy towed gear with a codend mesh size of less than 32 mm from 1 July to 15 September in the waters situated within three nautical miles of the baselines in the Skagerrak and Kattegat unless carrying out directed fishing for Northern Prawn (Pandalus borealis). For directed fishing for eelpout (Zoarces viviparous), gobies (Gobiidae) or scorpion fish (Cottus spp.) for use as bait, nets with any mesh size may be used.

6. Use of static nets in ICES divisions 3a and 4a

6.1. In accordance with point (a) of Article 9(7) and by way of derogation from Part B Point 2 of this Annex, it shall be permitted to use the following gear in waters with a charted depth of less than 600 m:

• Bottom set gillnets used for directed fishing for hake of a mesh size of at least 100 mm and no more than 100 meshes deep, where the total length of all nets deployed does not exceed 25 km per vessel and the maximum soak time is 24 hours;

• Entangling nets used for directed fishing for anglerfish of a mesh size of at least 250 mm and no more than 15 meshes deep, where the total length of all nets deployed does not exceed 100 km and the maximum soak time is 72 hours.

6.2. Directed fishing for deepwater sharks as listed in Annex I to Regulation (EU) 2016/2336 of the European Parliament and of the Council(3) in charted depths of less than 600 m shall be prohibited. When accidentally caught, deepwater sharks classified as prohibited in this Regulation and other Union legislation shall be recorded, unharmed to the extent possible, and shall be promptly released. Deepwater sharks subject to catch limits shall be retained on board. Such catches shall be landed and counted against quotas. In situations where quota is not or not sufficiently available to the Member State concerned, the Commission may resort to Article 105(5) of Regulation (EC) No 1224/2009. Where accidental catches of deepwater sharks by the vessels of any Member State exceed 10 tonnes then those vessels may no longer avail of the derogations set out in point 6.1.

PART D The use of electric pulse trawls in ICES divisions 4b and 4c

1. Fishing with electric pulse trawl shall be prohibited in all Union waters as of 1 July 2021.

2. During the transitional period ending 30 June 2021, fishing with electric pulse trawl in ICES divisions 4b and 4c shall continue to be allowed under the conditions set out in this and any conditions defined in accordance with point (b) of Article 24(1) of this Regulation, regarding the characteristics of the pulse used and control monitoring measures in place south of a rhumb line joined by the following points, which shall be measured according to the WGS84 coordinate system:

• a point on east coast of the United Kingdom at latitude 55° N

• east to latitude 55° N, longitude 5° E

• north to latitude 56° N

• east to a point on the west coast of Denmark at latitude 56° N.

The following conditions shall apply:

(a)

no more than 5 % of the beam trawler fleet per Member State use the electric pulse trawl;

(b)

the maximum electrical power in kW for each beam trawl is no more than the length in metres of the beam multiplied by 1,25;

(c)

the effective voltage between the electrodes is no more than 15 V;

(d)

the vessel is equipped with an automatic computer management system which records the maximum power used per beam and the effective voltage between electrodes for at least the last 100 tows. It is not possible for non-authorised personnel to modify this automatic computer management system;

(e)

it is prohibited to use one or more tickler chains in front of the footrope.

3. New licences shall not be granted to any vessel during this period.

4. Until 30 June 2021 in the waters up to 12 nautical miles from baselines under their sovereignty or jurisdiction, Member States may take non-discriminatory measures to restrict or prohibit the use of electric pulse trawl. Member Sates shall inform the Commission and the Member States concerned of the measures put in place under this point.

5. If requested by the coastal Member State to the flag Member State, the master of a vessel using electric pulse trawl shall, in line with Article 12 of Regulation (EU) 2017/1004 of the European Parliament and of the Council(4), take on board an observer from the coastal Member State during the fishing operations.

(1)

For the purposes of this Annex:

• the Kattegat is limited in the north by a line drawn from Skagen Lighthouse to the lighthouse in Tistlarna, and from there to the nearest point on the Swedish coast, and in the south by a line drawn from Hasenøre Head to Gniben Point, from Korshage to Spodsbjerg, and from Gilbjerg Head to the Kullen,

• the Skagerrak is limited in the west by a line drawn from the lighthouse of Hanstholm to the lighthouse of Lindesnes, and in the south by a line drawn from Skagen Lighthouse to the lighthouse of Tistlarna, and from there to the nearest point on the Swedish coast,

• the North Sea shall comprise ICES sub-area 4, the adjacent part of ICES Division 2a lying south of latitude 64° N, and that part of ICES Division 3a which is not covered by the definition of Skagerrak given in the second indent.

(2)

In sub-divisions Skagerrak and Kattegat, a diamond mesh top panel of at least 270 mm mesh size or a square mesh top panel of at least 140 mm mesh size shall be fitted. In sub-division Kattegat, a square mesh panel of at least 120 mm may be fitted (on trawls in the period from 1 October to 31 December, and on seines in the period from 1 August to 31 October).

(3)

Regulation (EU) 2016/2336 of the European Parliament and of the Council of 14 December 2016 establishing specific conditions for fishing for deep-sea stocks in the north-east Atlantic and provisions for fishing in international waters of the north-east Atlantic and repealing Council Regulation (EC) No 2347/2002 (OJ L 354, 23.12.2016, p. 1).

(4)

Regulation (EU) 2017/1004 of the European Parliament and of the Council of 17 May 2017 on the establishment of a Union framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policy and repealing Council Regulation (EC) No 199/2008 (OJ L 157, 20.6.2017, p. 1).